Appeals, Motions to Reopen and Motions to Reconsider

Appeals and post‑decision motions are powerful tools that can give you a second chance when an immigration application has been denied or an order of removal has been issued.

An appeal asks a higher authority to review a decision made by an immigration officer or Immigration Judge. In many cases, decisions by Immigration Judges are appealed to the Board of Immigration Appeals (BIA), and some agency decisions are appealed to other administrative bodies. An appeal argues that the decision was legally or factually wrong and asks the higher body to reverse or send the case back for further action. Appeals are subject to strict filing deadlines, and missing a deadline can permanently end your ability to challenge the decision.

A Motion to Reopen asks the court or agency that made the original decision to look at the case again because there is new, previously unavailable evidence. This motion is typically used when circumstances have changed after the decision or when important evidence was not presented earlier for a valid reason. Examples can include new qualifying family relationships, changes in country conditions, or newly discovered documents. Motions to Reopen also have specific time and number limits, though some exceptions exist in sensitive situations, such as certain asylum or in‑absentia removal cases.

A Motion to Reconsider is based on legal error rather than new evidence. In this type of motion, you ask the same decision‑maker to review the decision again because it was incorrect under the law or based on the evidence that was already in the record. A Motion to Reconsider must usually identify specific errors of law or fact and cite relevant statutes, regulations, or case law. Like appeals and Motions to Reopen, Motions to Reconsider are subject to tight deadlines and technical filing requirements.

Appeals, Motions to Reopen, and Motions to Reconsider each have different rules, deadlines, and strategic uses. In some cases, it may be appropriate to file more than one type of request, while in others it may be better to pursue only one carefully chosen option. Acting quickly is essential, because late filings are often rejected regardless of the strength of the underlying case. A well‑prepared submission should clearly explain the legal basis, include supporting evidence when require, and follow all procedural rules.

Challenging an immigration decision is complex and time‑sensitive, and small mistakes can have serious consequences for your status and your family. An experienced immigration lawyer can review the decision, explain your options, and help you choose the best path forward. Your attorney can prepare and file the appeal or motion, develop legal arguments, organize evidence, and represent you throughout the process. If you have received a denial or an order of removal, contact our office promptly to discuss whether an appeal, Motion to Reopen, or Motion to Reconsider may be available in your case.